2020-O-22 - 121 S Cory Drive RZ11/16/2020 925:10 AM Instrument #2020220021 #1 Book:7941 Page:3152
ORDINANCE NO. 2020.0-22
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R -3W (URBAN
SINGLE FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE
FAMILY RESIDENTIAL) FOR 211 ACRES OF CERTAIN
REAL PROPERTY LOCATED AT 121 SOUTH CORY
DRIVE, EDGEWATER, FLORIDA; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE, RECORDING
AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
deteraummons:
1. Troy W. and Gwen Noe, are the owners of property located at 121 South Cory
Drive, within Volusia County, Florida. Subject property contains approximately .211 acres.
2. The owners, have submitted an application for a change in zoning classification
from County R -3W (Urban Single Family Residential) to City R-3 (Single Family
Residential) for the property described herein.
3. On August 12, 2020, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification.
4. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
5. The proposed change in zoning classification is not contrary to the established
land use pattern.
6. The proposed change in zoning classification will not adversely impact public
facilities.
7. The proposed change in zoning classification will not have an adverse effect on
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the natural environment.
8. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA.
The zoning classification is hereby changed from County R -3W (Urban Single Family
Residential) to City R-3 (Single Family Residential), for the property described in Exhibits "A" & B".
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the
Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning
classification for the above described property.
PART C. CONFLICTING PROVISIONS.
AB conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E. RECORDING.
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Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion to approve by Councilman Conroy, with Second by Councilwoman Power,
the vote on the first reading of this ordinance held on October 5, 2020, was as follows:
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberley Yaney
Councilwoman Megan O'Keefe
Councilman Cary T. Conroy
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t'
AYE NAY
X
X
X
X
X
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After Motion to approve by �C!-w�[n -vim .�r�— with
Second by CCaa o / l -;r Z!L -. ��[}�. the vote on the second
readingtpublic hearing of this ordinance held on November 4, 2020, was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberley Yaney �.
Councilwoman Megan O'Keefe
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 0 day of November, 2020.
ATTEST:
ck
Robin Matusick
City Clerk/Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe, Ciocchetti &
Poon
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CITY COUNCIL OF THE
LFEDGE A
Mayor
Approved by the City Council of the City of
Edgewater at a meeting held on this 46 day of
November, 2020, under Agenda Item No.
8
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E7i0IT "A"
LEGAL DESCRIPTION
Lot 72, Cory Estates
Commence at the intersection of the Southerly line of Lot 1, Bella Vista Unit No.3, per Map
Book 9, Page 298 of the Public Records of Volusia County, Florida and the Easterly R/W line of
U.S. Highway No.l; thence North 68' 41' East 1000.19 feet along the Southerly line of said Lot
1; thence North 16019' West 175.09 feet for the point of beginning; thence continue North 16°
19' West 124.9 feet; thence South 68' 41' West 75 feet; thence South 16'19' East 124.9 feet;
thence North 68041' East 75 feet to the point of beginning.
Together with a right to use a 50 foot easement (known as South Cory Drive) described as
follows: Commence at the intersection of the Southerly line of Lot 1, Bella Vista Unit No.3 per
Map Book 9, Page 298, of the Public Records of Volusia County, Florida and the Easterly RAV
line of U.S. Highway No. 1; thence North 160 19' West 149.9 feet for the Point of Beginning,
thence North 68' 41' East 425 feet; thence South 16°19' East 25 feet; thence North 68041' East
575.19 feet; thence North 16019' West 50.19 feet; thence South 68'41' West 525 feet; thence
North 16'19' West 25 feet; thence South 68'41' West 475.19 feet to the Easterly R/W line of
U.S. Highway No. 1; thence South 16019' East 50.19 feet along the said Easterly R/W line to the
point of beginning. All lying and being in Lot 1 of said Bella Vista Unit No. 3.
Together with all rights, title and interest acquired by virtue of that certain easement deed
between Melba L. Bernard and Jerome L. Bernard, her husband, to all real property owners, their
heirs, successors and assigns owning real estate in Cory Estates per Official Records Book 233,
Page 29, Public Records of Volusia County, Florida, dated May 23, 1980, and recorded May 27,
1980, in Official Records Book 2171, Page 644, of the Public Records of Volusia County,
Florida.
Containing .21 acres more or less
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2020,0-22
Instrument #2020220021 #6 Book:7941 Page:3157 Laura E. Roth, Volusia County Clerk of Court